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I have been charged with possession of marijuana over 4 ounces under 5 lbs . and possession of a controlled substance in Texas.

Amarillo, TX |

my lawyer initially tried to have case dismissed based on grounds that it was an illegal stop. the court has denied this motion and offered me a plea deal of 5 years deferred probation. What are my other options available? is there option for appeal and what are the repercussions if lost? full sentence vs. previously offered deal?

Attorney Answers 5


Your options are to accept the current offer or set the case for trial. If you lose the trial, you can appeal the verdict. If you lose the appeal, the original sentencing will stand.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

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The options that you have available are limited and are as attorney Jaggers has spelled out for you. If you reject what is currently being offered and set the matter for trail, and win, then the matter is done. However, if you loose, and are not successful on an appeal, do not assume that the previously offered deal will ever be on the table again. That is the risk that you run by rejecting the current offer.

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You have a lawyer and should be talking with the lawyer about how to proceed.

You can appeal, even if you take the deferred and the arrangements are made for the appeal. Your lawyer will know if it is worth it. The offer may go up.

If you go to trial, you cannot get deferred but you are eligible for regular probation (which would mean losing your drivers license, no doubt). You could also end up with a prison sentence.

Cynthia Henley

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If you decide to go to trial your lawyer will ask the judge to rule on his/her motion to suppress the evidence. The judge will probably deny the motion, then the evidence will come in to be considered at trial. If the jury decides you are guilty, either the judge or the jury will determine your punishment. Your lawyer should have preserved the points to appeal, namely, the judge's failure to grant the motion to suppress the evidence.

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It appears you have two state jail felony charges so you could potentially face up to 4 years in state jail if convicted at trial or down the road if you were to violate a deferred adjudication.

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

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